Western District of Michigan

Prisoner Visits to Deathbed or
Private Viewing

A. GENERAL

1. Upon
receipt of a federal court order, the United States Marshal (USM)
may produce a prisoner for a deathbed visit to a member of the
immediate family, or to attend a private viewing of a deceased
member of the immediate family. An immediate family member is
defined as the father, mother, husband, wife, child, brother, or
sister of the prisoner.

2. The USM may expand the definition of immediate family when it
involves stepparents, aunts, uncles, or other individuals who
performed a parental role or who resided with the prisoner in a
family type relationship. The prisoner or his or her
representative must clearly establish this relationship to the
satisfaction of the USM.

3. U.
S. Marshals will not allow the attendance of a federal prisoner
in USMS custody, or support the production of prisoners in other
agencies’ custody, at funeral observances (religious or civil)
for a deceased member of the prisoner’s immediate family. The
behavior of the prisoner, his or her family, and friends are
likely to be governed by the emotional impact of such
observances and the risk of escape or assaultive behavior is
increased. The burden on districts to properly secure such an
environment is beyond the capability of most districts and the
costs to the prisoner would be prohibitive.

4. U.
S. Marshals will not produce BOP (sentenced or committed) or
state prisoners for deathbed visits or private viewings.

B. COURT
ORDER COMPLIANCE CRITERIA: Before the USM complies
with a court order for deathbed visits or private viewings, the
following criteria must be met to the satisfaction of the USM:

1. The
individual is a federal prisoner in USMS custody pending court
action or sentence, or under custody pursuant to a writ.

2. The
prisoner has no pending writs of removal, detainers, or other
actions which would impede the judicial process.

3. The
request is valid and can be verified by the USM.

4. The
dying or deceased person is within the definition of immediate
family.

5. The
prisoner has no record of past escapes, escape attempts, or
history of violent behavior. A security check with the local
police department and FBI will be made to determine if any
family member or associate is an outstanding fugitive from
justice, or if such persons would pose a threat to the prisoner
or to deputies.

6. The
prisoner is willing to comply with all terms and conditions of
the visit that may be imposed by the USM to ensure the custody
and safety of the prisoner, the safety of the transporting
deputies and the general public.

7. The
USM has enough available deputies to escort a prisoner to a
deathbed visit or private viewing.

8. The
U.S. attorney assigned to prosecute the prisoner does not
object.

9. The
judge assigned to the case does not object.

10. The
prisoner, his or her family, or other associate prepays the
anticipated costs for staff, travel and per diem required to
escort a prisoner to a deathbed visit or private viewing. The
prisoner must agree in writing to pay any additional costs not
anticipated but incurred by the USMS while escorting him or her.

C. REIMBURSEMENT
FOR USMS COSTS

Calculation
of Costs: All costs directly related to these special
types of productions are to be collected in advance of the trip
from the prisoner or his or her sponsor in the form of a
certified check. Allowable costs include salaries, per diem, and
transportation for the deputies assigned and any other expenses
anticipated for the prisoner (except cost of detention in a
contract jail).